Premature Marriages


1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death.

2.A woman whose marriage having been dissolved or annulled, married before her delivery, or w/in 301 days after the date of the legal separation.

The purpose of the law in punishing the foregoing acts is to prevent doubtful paternity.

The Supreme Court considered the reason behind making such marriages within 301 days criminal, that is, because of the probability that there might be a confusion regarding the paternity of the child who would be born.

If this reason does not exist because the former husband is impotent, or was shown to be sterile such that the woman has had no child with him, that belief of the woman that after all there could be no confusion even if she would marry within 301 days may be taken as evidence of good faith and that would negate criminal intent.